Domestic Relations & Protective Orders

Title 20 of the Virginia Code governs domestic relations. Domestic relations matters include:

premarital agreements ("prenups"),
divorce proceedings,
adjudications of child custody and visitation arrangements,
modifications of support awards,
suits to annul or affirm a marriage, and
suits to determine the parentage of a child.

Titles 16 and 19 of the Virginia Code govern protective orders; in 2011, the Virginia General Assembly enacted several changes to these laws, some of which are mentioned here. Special considerations apply to protective orders issued by courts outside Virginia.

Protective Orders

Virginia offers three types of protective orders. Sudeb can help determine which type of protective order (or sequence of orders) best suits the circumstances. He also provides representation at protective order hearings. The three types are:

Emergency Protective Order ("EPO"), which usually runs for a few days;
Preliminary Protective Order ("PPO"), which runs for 15 days to a few months; and
[longer-term] Protective Order ("PO"), which runs for up to two years; however, the court can grant extensions beyond two years.

The EPO and PPO are extraordinary in that a court may issue these orders on behalf of a petitioner without hearing the other side (i.e., the respondent). But in the interests of justice, the court generally hears both sides (petitioner and respondent) before it shapes and issues the longer-term PO.

Title 19 Protective Orders

Title 19 provides a protective order against any other person, whether or not that person is a family member or a current or former co-resident of the petitioner. The grounds are "an act of violence, force, or threat" or reasonable fear of "death, sexual assault, or bodily injury" as defined in § 19.2-152.7:1. The petitioner no longer needs to seek or show a criminal arrest warrant in order to obtain a Title 19 protective order.

The 2011 amendments to § 18.2-60.4 provide greater penalties for violations of Title 19 protective orders. These penalties now are similar to the penalties specified in Title 16.

Title 16 Protective Orders

Title 16 provides a protective order for "family abuse" as defined in § 16.1-228. The ground of "family abuse" is similar to § 19.2-152.7:1. But in a Title 16 order, the court can add temporary child support to other conditions as enumerated in § 16.1-279.1. For example, the court can prohibit certain contacts of the respondent with the petitioner or the petitioner's family or household members, and/or prohibit acts that injure a person or property. Note that companion animals are "property."

Section 16.1-253.2 specifies the penalties for violations of Title 16 protective orders.

Out-of-State Protective Orders

Section 16.1-279.1(F) applies to protective orders issued by a court outside of Virginia. Individual circumstances should be balanced with enforcement considerations to determine whether it is in the petitioner's best interest to register an out-of-state order with a Virginia court.

Protective Orders in Criminal Practice

Law enforcement officers ("LEOs") can seek, and criminal courts can issue, certain protective orders or extensions to protective orders. LEOs may ask a court to extend an emergency protective order where the person to be protected is incapable of petitioning for a longer-term order.

Under § 19.2-81.3, LEOs may arrest without warrant for violation of a protective order, or for assault and battery against a family member. Following a warrantless arrest for assault and battery against a family member, the LEO petitions the magistrate for an emergency protective order. If the arrest was under warrant, the magistrate judge who issued the arrest warrant generally also issues an emergency protective order. There are exceptions where the defendant is a minor.

Representation in these circumstances involves both domestic relations law and criminal defense. Sudeb practices in both areas.

Divorce

Please call to schedule a consultation for any matter under Title 20 of the Virginia Code, as introduced at the beginning of this page.